Rivalry Between Adé and A.D. Unveiled
The newly elected Bundestag, Germany's federal parliament, is not bound by the work of its predecessor due to the principle of discontinuity. This means that the current government, led by Olaf Scholz, will continue to act as the executive organ until the new Bundestag convenes. However, the German federal government's actions during this transition period are subject to constitutional and legal limitations.
During such times, the government is expected to limit itself to routine administration and avoid significant or controversial policy changes until a new government is fully established. The government in office, typically a caretaker or outgoing government, generally should not introduce major new legislative proposals or enact significant regulations that would bind the incoming government or affect long-term policies.
Actions taken should preserve the status quo and avoid restricting the policy options of future governments. The government must respect constitutional principles, including the separation of powers and rule of law; unilateral or extraordinary interventions, especially those undermining independent institutions or judicial autonomy, can be challenged as unconstitutional.
This implies that during a transition, the federal government’s legislative initiative is limited, and it generally refrains from exercising discretionary regulatory powers beyond what is necessary for continuing ordinary governance. For example, in the German political system, after an election or government collapse, the existing cabinet operates in a caretaker mode. While it can manage daily operations and urgent matters, it cannot undertake major policy shifts or pass new laws without a functioning parliamentary majority and coalition agreement.
If a bill is to be continued in the new legislative period, it must go through the parliamentary procedure again. An example of a regulation enacted during the transition period is the increase in the care contribution from January 1, 2025.
The transition between the old and new German parliament follows the principle of discontinuity. Bills not concluded by a vote in the second and third readings before the new Bundestag convenes lapse. Olaf Scholz will ask the Federal President to dissolve the Bundestag once he presents the question of confidence in mid-December.
The citizens will elect a new Bundestag at least 60 days after the "dissolution". The parliamentary stage will likely be used during the election campaign period to highlight one's own topics. After the constituent session of the Bundestag, the plenary consists of the newly elected members.
Negotiations are underway to secure majorities for the laws that are still to be passed, with the center of the party spectrum being crucial. Committees and subcommittees that are not necessary by the Basic Law are dissolved during discontinuity. The majority relations will be decisive on many levels, including in the Presidium, committees, and plenary sessions.
The CDU/CSU faction wants to avoid "random majorities" with votes from AfD members. The federal government can enact regulations during the transition period, but far-reaching decisions are prohibited by unwritten rules of governing. The Bundestag remains fully operational with full legislative power during this period, but disruptions due to the election campaign are already apparent.
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